Philip Kurland

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This article is part of the Tobacco portal on Sourcewatch funded from 2006 - 2009 by the American Legacy Foundation.

Philip Kurland was a long-term tobacco lackey and Law Professor at the University of Chicago. He was considered by the tobacco industry to be a "First Amendment" expert.

Documents & Timeline

1986 Dec 1 Anne Duffin advises William Kloepfer about their Ad-ban projects, and the need for witnesses at a coming Congressional hearing.


  • American Civil Liberties Union
  • Freedom of Expression Foundation
          Status: Both are ready and willing
  • Statement (or first person testimony) by Mario Obledo, constitutional lawyer and past president of League of United Latin American Citizens (LULAC), on what First Amendment protections mean to a naturalized American citizen
  • Refutation of July 7, 1986, Congressional Research Service analysis of the Posadas decision.
          Status: CRS refused TI request for a copy; asked Federal Relations Sept. 29 to obtain a copy through a Congressional office.
  • If published, reprint of University of Chicago Prof Philip Kurland's law journal article appended to Aug. 1, 19B6, testimony of Bert Neuborne — plus any other scholarly articles that have appeared since the June 30 Posadas decision.
  • Ronald Beatson, Ph.D, chief executive of the European Association of Advertising Agencies, to discuass differing tobacco ad restrictions in the UK and Scandanavia, especially Sweden, where no models may be used in advertising.
          Status: Dr. Beatson, identified by INFOTAB at TI request, has told Bryan Simpson he is willing to appear for the Institute. John O'Toole of AAAA is especially interested in Europe's all-text advertising. 4As or one of the other ad trade groups may be interested in presenting Dr. Beatson as a witness.
  • University of Texas Marketing Prof. Gary Wilcox is studying quarterly patterns of cigarette advertising and cigarettes sales, 1964-1985.
          Status: Wilcox began on his own, but with TI moral support and sales data, last summer. I have not proposed he testify on his data.
          [Ed] Battison says Wilcox's methodology is legitimate. One of the ad or media trade groups might be persuaded to present him. All are familiar with Wilcox's earlier study on alcohol, soon to be published, finding no correlation between advertising levels and aggregate sales.
  • Update on literature reviews by Roger Blackwell [Ohio State] and [ Scott Ward {Wharton, Penn], for either submitted statements or use in TI testimony.
  • Darwin Johnson, president-of Policy Economics Group, testifying about a Tl-funded econometric research on effects of an ad ban
          Status; First draft of PEG report is due at TI by Dec. 5.
  • The Committee for Affordable Sports and Entertainment (CASE) was willing last summer to try for a name auto racer and can be approached again. Philip Morris' special events director believes appearance by a top woman tennis star is not impossible, maybe even [Martina] Navratilova, if the player were allowed a statement of personal disapproval of smoking.
  • Jolly Ann Davidson, past president of the National Association of State Boards of Education (NASBE), reporting on the "Helping Youth Decide" (HYD) community program in Michigan and. release of the second Tl-funded NASBE parent guidebook "Helping Youth Say No" (HYS> [2]

1987 May 4 In a memo to his Executive Committee, the President of the Tobacco Institute, Sam Chilcote outlines their allies in the fight to preserve advertising of cigarettes.

The purpose of this memorandum is to summarize the legislative situation, our strategies and resources.

A variety of Tobacco Institute consultants have been and will continue to be used as witnesses and media spokesmen by the above coalitions. They include:

— First Amendment attorneys including Prof. Bert Neuborne, New York University Law School;  Prof. Philip Kurland, University of Chicago Law School; 
— Marketing experts such as Prof. Roger Blackwell, Ohio State University; Prof. Scott Ward, Wharton School of Business;  Prof. Jean Boddewyn, Baruch College, City University of New York; Michael Waterson, research director, Advertising Association of Great Britain; and 

Ronald Beatson, European Association of Advertising Agencies. [3]

1987 May 5 Sam Chilcote (head of Tobacco Institute) memo to the Executive Committee re. tobacco advertising ban in Canada and the US and the Strategies and Programs that the TI have implemented to block them, He notes:

Coalitions and Expert Witnesses =

  • Prof Bert Neuborne, New York University Law School -- a First Amendment attorney.
  • Prof Philip Kurland , University of Chicago Law School -- a First Amendment attorney
  • Prof Roger Blackwell, Ohio State University - marketing expert
  • Prof Scott Ward, Wharton School of Business - marketing expert
  • Prof Jean Boddewyn, Baruch College, City Uni of New York - marketing expert
  • Michael Waterson, research director, Advertising Association of Great Britain - marketing expert
  • Roger Beatson, European Association of Advertising Agencies. - marketing expert
  • Darwin Johnson, Peat Marwick's Policy Economic Group on the economic impact of an ad ban. (Economist writing op-ed articles - for lobbying congressmen)
  • Prof Fred McChesney, University of Chicago Law School (Economist writing op-ed articles - for lobbying congressmen)
  • Vernon Dempsey , Phoenix Marketing, on cigarette sampling practices . [4]

1989 Powerpoint presentation lists as Legal Witnesses (lobbyists prepared to appear before Congressional committees) on behalf of the tobacco industry:

1990 July The Tobacco Institute lists the 'consultants' who have served them in various capacities in the previous year, and outlines what service each of them has provided (on a month-by-month basis)

Current Projects
Comments on EPA ETS risk assessment (emphasis on confounders) Kurland is listed here. [6] [7]

1990 Aug 3 Sam Chilcote at the Tobacco Institute has advised the Members of the Executive Committee of plans to develop a celebrity speakers program using academics and other expert consultants. They offer the speakers both money and personal/companypromotion:

[W]hile it is clear that there are a number of individuals who can and are speaking out on our issues independent of The Institute, there also is much more that could be done. There are, for example, opportunities to develop higher profiles for those individuals with whom we enjoy an existing relationship, and to increase within the media an awareness of their availability.

There also are a number of individuals who have been identified who do not currently have a relationship with the industry, but whose views appear to be compatible with our own.
  Should the Executive Committee decide that it wants to proceed with an expansion of our speakers' program, these individuals would be contacted to determine their interest in our issues. The addition of new speakers to our program will be expensive.
  Most of these individuals command substantial consulting fees; media and other activity will require a new commitment of funds, although an exact amount cannot be determined until candidates have been approached.
He then lists:

  • Authors, newscasters and newspaper columnists
  • Well-known politicians, political aides, White House staffers, State authorities, agency administrators, etc
  • Heads of various coalition groups (American Advertising Federation. etc)
  • legal and business academics from Savarese's network list.
  • 'risk assessment' academics and promoters.
  • experts in indoor air pollution and ventilation systems.
  • academic economists (the Cash-for-Comments economists network)
  • Many other collaborators and some likely allies:

This consultant (Barry Lynn) along with about a hundred others, is thought to be a potential speaker.

The category heading was :- First Amendment/Constitutional Issues/Advertising Issues
Tobacco Institute list

    • Martin Redish -- University of Chicago law professor, Redish already appears in the broadcast and print media on advertising and other Constitutional issues.
    • Burt Neuborne -- Neuborne has represented the ACLU, the Freedom to Advertise Coalition and the tobacco industry in Congress and in media forums on Constitutional issues.
    • Floyd Abrams -- This pre-eminent First Amendment scholar has been most accommodating in Congressional and media appearances to defend the industry's right to advertise its products.
  • James Dickinson -- This former Washington Post political writer might speak out against efforts to censor free speech through advertising bans and restrictions.
    Philip Morris List [All PM consultants]
    • HOWARD H BELL, president of the American Advertising Federation, Washington
    • DANIEL L JAFFE, executive vice president of government relations, Association of National Advertisers, Washington
    • PHILIP KURLAND, professor of law, University of Chicago
    • BARRY W LYNN, legislative counsel, American Civil Liberties Union
    • BERT NEUBORNE professor of law, New York University School of Law, formerly national legal director, American Civil Liberties Union
    • MARTIN H. REDISH , professor of law, Northwestern University
    • RICHARD MIZERSKI, professor of marketing, Florida State University, former FTC staff member
    • ROGER D BLACKWELL , professor of marketing, Ohio State University and president of Blackwell Associates, a marketing consulting company
    • DR. J. J. BODDEWYN , professor of marketing and international business, Baruch College of City University of New York.

[Note: An attached TI note says that the consultants on the above list: "have existing relationships that allows them to testify, conduct media tours, write op-eds, etc. as appropriate ."] [8]

[Note: In tobacco industry jargon "Constitutional Issues" refers to the "Freedom to Advertise" or so-called "Commerical Free Speech" projects which were run (often for free) in the print and broadcast media.]